How to return your rights early after deprivation by law?

Help from a lawyer on this issue
Violating the rules of driving a car is an offense fraught with very serious consequences. As a punishment for non-compliance with traffic rules, the legislation provides for a variety of sanctions. Depending on the severity of the consequences, they can be either small fines or imprisonment.

One of the most frequently used penalties is deprivation of the right to drive a vehicle. Over the past year alone, more than one and a half million drivers, by court decision, were reclassified as passengers for various periods of time. In this regard, one of the most common questions asked to auto lawyers is “How to return your license early in 2021”?

Reasons for deprivation of rights in 2021

You can lose your right to drive a vehicle for a number of reasons. All violations punishable by withdrawal of rights fall under the jurisdiction of administrative law. They differ in the severity of the consequences, and, accordingly, in the terms of deprivation of driving documents. Relatively “light” offenses include:

Driving a vehicle that is not registered with the traffic police department or does not have a technical inspection.
Obstructing the movement of emergency vehicles with sirens and flashing lights on.
Driving through a red traffic light, driving in the oncoming lane while crossing solid markings.
Illegally equipping a vehicle with flashing warning lights (red or orange).
Exceeding the speed limit by less than 60 km per hour.

For the listed offenses, the law provides for deprivation of rights for a period of one month to a year. For more serious violations, the Code of Administrative Offenses also prescribes longer sentences – from one to three years. These serious offenses include:

Driving while under the influence of alcohol or drugs, or transferring control of a vehicle to an obviously drunk citizen.
Camouflaging a vehicle as an emergency vehicle - applying appropriate coloring, installing sirens and blue flashing lights.
Violation of traffic rules, which resulted in a car accident causing minor or moderate harm to the health of other citizens.
Fleeing from the scene of a car accident participant.

Not only the procedure for the early return of a driver’s license in 2021, but also the very possibility of such a procedure largely depends on the category of the offense and its severity.

How to get your license back after deprivation in 2021

Licenses are issued at the traffic police department that took them for storage. Immediately after the end of the period of deprivation, you can go to them.

Take your passport and a copy of the court decision with you. If everything is in order, you will be issued a driver's license against signature.

According to statistics, about 80 thousand drivers will be able to receive their licenses ahead of schedule every year.

If a person believes that a violation did not occur or that the violation should not be punished by deprivation of rights, he can challenge the relevant court decision in a higher institution. In particular, the decision of the magistrate’s court is challenged in the district department, and the decision of the district court can be refuted in the regional court, etc.

If a higher court rules in favor of the plaintiff, then the early return of the certificate will take place. To increase your chances of success, it is better to seek the help of a competent lawyer who specializes in the issue of early return of a driver’s license.

Many drivers want to cheat and continue to drive with a temporary license. Thus, they punish themselves, since the law does not forgive such tricks. If you do not submit your temporary driving permit, the period of license revocation will not begin to count. However, immediately after submitting the document, a corresponding confirmation is issued. The paper confirms the fact that the certificate was handed over to the inspector.

Important!

A temporary driving permit must be handed in along with your license, otherwise the period for deprivation of your license will not count down.

If you have done everything according to the rules, then you can safely begin counting the period of deprivation. To the date specified in the resolution, it is necessary to add 5-7 days (the period when the decision comes into force) and the period of deprivation itself. Thus, we will receive a date when we can begin restoring rights.

After the official drawing up of the protocol, the driver has the opportunity to drive with a license until a court decision. It is important to analyze the legality of the punishment in advance and prepare a package of documents for appeal. Early return of rights after deprivation for drunkenness is practically impossible, since this is an aggravating circumstance.

The following features must be taken into account:

You can file an appeal after a court decision within 10 working days. By decision of the commission, a driver's license may be valid until the issue is finally resolved.
If the resolution has been given official status, the driver is required to hand over his license to the traffic police (Article 32.7 of the Code of Administrative Offenses of the Russian Federation). He is given a corresponding receipt.
To subsequently return your driver's license, you must also submit a temporary document, if you have one.

After this, the owner of the vehicle is deprived of the ability to drive. In case of violation, administrative measures will be applied to him - fines, increasing the sentence.

After completing all the above procedures, it is necessary to calculate the exact date for termination of the court order. If no other traffic violations were committed during this period, you can prepare to re-obtain your rights after deprivation.

Official procedure:

Preparation of a package of documents.
Payment of possible fines.
Passing the theoretical part of the driving training course.
Official return of rights after deprivation for drunkenness or other violation.

Each of these stages needs to be considered in more detail.

Driver's license withdrawal in 2021

You can begin the procedure for returning the certificate only after half the sentence has passed. To understand from what moment it is counted, you should refer to the procedure for confiscating a driver’s license. Until 2013, traffic police officers had similar powers. That is, the inspectors could take away the violator’s license right at the traffic police post, in accordance with the drawn up protocol.

But in 2013, changes were made to the current regulations, and state traffic inspectorates were deprived of such powers. From now on, only the courts are vested with the right to deprive rights. Inspectors only have the right to draw up a protocol on the offense, which records all the circumstances of the incident, after which the document is sent for consideration to the court. At the same time, the protocol indicates dry facts, without indicating the degree of guilt of a particular person.

The court determines guilt based on the evidence presented. If the judge, after considering the case, makes a decision to impose a punishment in the form of deprivation of the right to drive, then the driver is obliged to submit documents to the traffic police department at his place of registration within 3 days. The citizen is issued a certificate confirming this fact. It is from the moment of transfer that the countdown of the time of confiscation begins.

Some drivers who have a temporary permit to drive a car try to outwit the law by continuing to drive under it. However, doing this is strictly not recommended.

Firstly, serious punishment is provided for such a trick - from a large fine to imprisonment for 15 days. Secondly, until the citizen surrenders his temporary license, the countdown of the punishment will not begin.

Conditions for early return of rights in 2021

The old version of the Code of Administrative Offenses did not provide for the possibility of early restoration of rights at all. With the adoption of additions and amendments in 2016, a similar procedure became possible in a number of cases. But to do this, the violator will have to fulfill a number of additional conditions:

From the moment the license is handed over to the traffic police officers, at least half of the period prescribed by the court must pass.
All fines issued to traffic violators must be paid off by the time they apply for a license. This includes both penalties imposed by traffic police inspectors and fines under other articles of the Code of Administrative Offenses.
All damage caused to the property or health of persons injured in an accident must be compensated.
The offender admits his guilt and completely repents of his actions.

The last point is quite difficult to clearly assess, since there are no criteria by which to assess the degree of remorse of the offender. However, legislative standards set precisely “exemplary behavior of the offender” as a mandatory condition for the early return of rights in 2021. In domestic legal practice, this is most often proven by providing positive references from the enterprise or from the building management at the place of residence.

Another mandatory sign that a citizen has taken the path of correction is that he has no problems with the law after the moment of deprivation of his certificate. If all of the above conditions are met, you can submit an application to the traffic police department where the confiscated documents are stored. You must attach copies of all documents confirming your correction to your application and wait for the issue to be reviewed by the state traffic inspectorate.

How is the procedure for returning rights carried out after deprivation for drunkenness in 2021?

To successfully obtain a license, you must submit the following documents to the traffic police:

Driver's passport.
Court decision (copy).
Certificate of delivery of a driver's license.
Documents confirming successful completion of the theoretical exam.
A certificate indicating a person’s ability to drive.

If, when returning rights, there are debts on fines, it is recommended to pay them off. Otherwise, the papers will not be issued. If there are no questions about the submitted documentation, the person receives a driver’s license and can immediately get behind the wheel.

If you have been deprived of your rights by court, do not despair. After half the sentence has expired, file a petition with the court to review the case and reduce the duration of deprivation of rights to the minimum of one and a half years.

If you have a lawyer or other legal representative, they can also file the petition for you. A positive reference from your place of work will also be useful.

But there is one caveat. This can only be done if you have been sentenced to more than the minimum sentence - usually two to three years .

It is difficult to reduce the sentence to the minimum; it is not permissible in all cases, but the chances of doing this are quite high.

The law specifies documents that will make it clear to judges that the offender has reformed, repents and has made conclusions. This can be any paper that characterizes you positively, namely:

A certificate from the local police officer stating that you are characterized positively.
A paper from the place of work signed by the boss. If driving a car is necessary for your successful work, this should be indicated.
The doctor’s conclusion that you are not a binge alcoholic, which means the violation was a one-time occurrence.
Your personal request. It must contain a logically consistent reason to return your rights. For example, so that you can travel to work in another city and feed your family.

This is possible if the driver behaved lawfully. It is permissible to return your rights early after half of the assigned period of deprivation has passed. For example, if a citizen was deprived of his driver’s license for 8 months, then after 4 months, he has the right to begin the restoration procedure.

To do this, submit a request for the return of the license to the appropriate traffic police department where the driver’s license is stored. You can pick up the form to fill out there. If the State Traffic Inspectorate unit is located in another city or region, the application is sent by mail and in the text indicate a request to send the license to the State Traffic Inspectorate office at the place of actual residence of the driver. This may take several weeks.

Important! A driver's license can only be withdrawn within 3 years after deprivation. After this period they are destroyed.

According to the updated legislation, a driver who was early released from administrative punishment, but during the remaining period of deprivation previously designated by the court, violates traffic rules, will again be deprived of his license. At the same time, to the new period of deprivation established by the court, the period that has not expired since the date of parole for the return of rights will be added.

Offenders who have had their driver's license revoked can regain their license early after half the sentence and after providing evidence of lawful behavior to the court. This does not apply to drivers who have committed gross administrative violations. They will have to wait until the full sentence has expired.

Illegal return of rights will only aggravate the situation and bring new liability. Therefore, the best way out is to be patient and carefully prepare for retaking the Road Traffic Rules exam.

When early return of rights is not possible

It is also necessary to talk about cases when it will not be possible to return rights early in 2021. In recent years, the fight against “severe” traffic violations in general, and drunk driving in particular, has become significantly tougher. As a result, the early return of documents confiscated under “heavy” articles of the Code of Administrative Offenses has become almost impossible in recent years. As practice shows, it is practically useless to apply for premature termination of punishment if a citizen has committed the following offenses:

Caught driving drunk on public roads.
Refused a medical examination to detect alcohol.
He fled the scene of an accident that was his fault.
Became the culprit of a car accident in which harm was caused to people's health.

If the deprived person was denied the premature return of documents, he, according to the current legislation, can appeal to the court with a protest. But, as experienced car lawyers say, this case is quite useless. The fact is that judges rarely accommodate people whose licenses have been revoked due to drunk driving or other serious offenses. Therefore, it is better not to waste time, nerves and energy, but to be patient and wait until the end of the sentence.

Is it possible to get a driver's license back after being revoked early?

Many social activists come out with the idea that in many cases it is necessary to reduce the amount of responsibility that drivers bear, provided that they are fully aware of the guilt for the act committed and have shown active repentance.

For this category of drivers it is proposed to introduce a kind of parole. This initiative is widely discussed in society and arouses great enthusiasm among drivers who, due to various circumstances, have been deprived of their rights.

Based on the provisions of the draft law, the right to early return of rights will be granted to:

citizens who are able to document their repentance. This may include characteristics from the place of work, study, information that the citizen took an active part in socially significant projects, etc.;
citizens who have undergone a medical examination, based on the results of which they were given a conclusion about the absence of alcohol dependence;
citizens who have served more than ½ of their sentence.

Initially, this bill was quite crude. It lacked many specific definitions. But at the moment, these omissions have been corrected, in addition, some of its provisions have been significantly tightened.

Although this bill has not even been adopted for consideration, it is already obvious that drivers who were sentenced to deprivation of their licenses for driving while intoxicated may not even hope to have their licenses returned early.

In addition, those drivers who were subject to deprivation of their license for gross traffic violations committed twice within a short period of time should not expect any concessions.

Is it possible to get your license back after deprivation early? How to get your license back before going to trial for drunkenness, read here.

Find out how to avoid punishment for refusing a medical examination at the following link:

Filing a petition for early return of rights

An application for the premature issuance of a confiscated document is written to the address of the traffic inspection department to which the storage rights were transferred. The standard form can be obtained directly on the spot from the traffic police officers. If a person has changed his place of residence, the petition can be sent by registered mail, or contact the department at the place of current residence. In the latter case, local office employees will contact their colleagues and ask for your ID. When submitting an application, a citizen must have the following documents:

Original passport.
A certificate issued by the department confirming the fact of surrender of storage rights.
A copy of the court decision on deprivation of the right to drive vehicles.

In some cases, traffic police officers may require you to undergo a second medical examination, as well as retake exams on your knowledge of traffic rules (the theoretical part). However, such additional conditions for obtaining a license are usually imposed on persons who have committed serious offenses - for example, driving along the road while drunk. And such offenses are not considered at all if it is possible to issue the seized document early. But if the inspectors still require you to undergo a medical examination or retake the exam, you will have to obey.

In general, the re-exam differs from the standard theory exam. When taking exams after deprivation, the violator being examined is offered the following conditions:

40 tickets with 20 questions each.
Time to prepare for an answer is 20 minutes.
All questions relate directly to driving rules.
A maximum of 2 incorrect answers is allowed, for which 5 additional questions are assigned.
If you fail the re-examination, the next one is allowed only after a week.

As you can see, the procedure for early return of rights is quite complicated. However, if you approach the matter responsibly, it is quite possible to get behind the wheel of a car ahead of schedule. And to increase the chances of a successful consideration of the issue, you should seek help from a professional auto lawyer. With its help, you can collect all the necessary evidence of your correction.

Who provides assistance with early return of rights

If a citizen does not believe that he is guilty of an offense and at the same time wants to regain his rights ahead of schedule, he will need the help and advice of a lawyer.

The latter, in turn, will be able to easily and accurately determine whether there is a probability of winning or not. If there are such grounds, then a lawsuit is filed in court on the need to cancel the previous court decision.

In this case, the following information is indicated in the claim:

data of the parties;
court data;
the circumstances on which the plaintiff’s claims are based;
reference to relevant legislative acts.

When considering this claim, an additional study of all the details that contributed to the application of punishment is carried out. Also in this case, a new court hearing is held.

IF, ON THE BASIS OF A COURT DECISION, A PREVIOUS DECISION IS CANCELED, OR THE TYPE OF PUNISHMENT IS CHANGED, THEN THE RECEIVED DECISION CAN BE SUBMITTED TO THE APPROPRIATE AUTHORITY AND, THEREFORE, IT WILL BE POSSIBLE TO OBTAIN THEIR RIGHTS BACK. IN THIS CASE, IT IS NO LONGER REQUIRED TO RETAKE THE EXAM.

Many are also interested in the question of whether it is possible to return a driver’s license early after being deprived of it for drunkenness? In fact, this is possible, but in this case you also need to seek help from a qualified lawyer.